Akin Gump Partners Discuss Bid Protest Process for Defense Contractors

In the Law360 article “5 Key Tactics For Defense Cos. Planning A Bid Protest,” Akin Gump litigation partners Thomas McLish and Scott Heimberg offer advice to those wishing to contest a losing bid.

McLish tells Law360 that some contractors may not understand the purpose of the protest process. He says, “It’s not an appeal process where you get a chance to explain why you’re the better offeror.” Instead, McLish says, the best way to secure a rebid situation is to poke holes in an agency’s actions and show how it didn’t adhere to its own rules.” McLish also recommends that contractors consider whether filing a protest could alienate the agency in question.

Heimberg’s comments focus on incumbent contractors and how they should handle bid protests. He notes that when a contract is ongoing and a protest is filed, “it tends to get extended for a time while the protest is being addressed.” This, in turn, could lead to additional work until the protest process is complete.

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